S T A T E   O F   N E W   Y O R K
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                                   9369
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Aging
 
 AN  ACT to amend the elder law, in relation to the automatic identifica-
   tion and  enrollment  of  elderly  pharmaceutical  insurance  coverage
   program enrollees in HEAP
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The elder law is amended by adding a  new  section  245  to
 read as follows:
   §  245.  AUTOMATED  IDENTIFICATION OF PROGRAM PARTICIPANTS. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "OFFICE"  SHALL MEAN THE STATE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE.
   (B) "HEAP" SHALL MEAN THE LOW-INCOME HOME  ENERGY  ASSISTANCE  PROGRAM
 IMPLEMENTED PURSUANT TO SECTION NINETY-SEVEN OF THE SOCIAL SERVICES LAW.
   (C)  "OFFICE-ADMINISTERED  PROGRAM" SHALL MEAN AN INCOME-BASED PROGRAM
 ADMINISTERED BY THE OFFICE.
   2. THE DEPARTMENT OF HEALTH SHALL UPDATE  THE  ELDERLY  PHARMACEUTICAL
 INSURANCE  COVERAGE  PROGRAM  APPLICATION  TO ALLOW PROGRAM ENROLLEES TO
 CONSENT TO THE EXCHANGE OF SUCH ENROLLEE'S INFORMATION  TO  VERIFY  SUCH
 ENROLLEE'S  ELIGIBILITY FOR HEAP AND OTHER OFFICE-ADMINISTERED PROGRAMS.
 UPON RECEIPT OF SUCH CONSENT, THE DEPARTMENT  OF  TAXATION  AND  FINANCE
 SHALL CONFIRM SUCH ENROLLEE'S INCOME AT THE TIME OF ENROLLMENT.
   3. THE DEPARTMENT OF HEALTH SHALL COORDINATE WITH THE OFFICE TO FACIL-
 ITATE  THE  SECURE  TRANSMISSION  OF  DATA THROUGH AN INTERFACE WITH THE
 OFFICE'S INFORMATION TECHNOLOGY INFRASTRUCTURE.
   4. NO LESS THAN ONCE PER  MONTH,  THE  OFFICE,  UPON  RECEIPT  OF  THE
 REQUIRED  DATA FROM THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF TAXA-
 TION AND FINANCE, SHALL CONDUCT  AUTOMATED  FILE  MATCHING  TO  IDENTIFY
 ELDERLY  PHARMACEUTICAL  INSURANCE  COVERAGE  PROGRAM  ENROLLEES WHO ARE
 ELIGIBLE FOR HEAP. WITHIN THIRTY DAYS OF THE DATE THAT AN ELDERLY  PHAR-
 MACEUTICAL INSURANCE COVERAGE PROGRAM ENROLLEE'S ELIGIBILITY FOR HEAP IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14704-01-4
              

 A. 9369                             2
 
 CONFIRMED, THE OFFICE SHALL ENROLL SUCH ELDERLY PHARMACEUTICAL INSURANCE
 COVERAGE PROGRAM ENROLLEE IN HEAP.
   5.  UPON  AUTOMATIC ENROLLMENT IN HEAP PURSUANT TO SUBDIVISION FOUR OF
 THIS SECTION, THE DEPARTMENT OF HEALTH SHALL PROVIDE  WRITTEN  NOTIFICA-
 TION  TO  THE ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ENROLLEE
 THAT THEY HAVE BEEN ENROLLED  IN  HEAP  AND  SHALL  PROVIDE  INFORMATION
 REGARDING HEAP BENEFITS.
   6.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE DEPARTMENT OF HEALTH,
 THE PUBLIC SERVICE COMMISSION, OR THE OFFICE FROM FURTHER EXAMINATION OF
 AUTOMATIC IDENTIFICATION AND ENROLLMENT IN OFFICE-ADMINISTERED  PROGRAMS
 OR AFFORDABLE ENERGY PROGRAMS ADMINISTERED BY THE PUBLIC SERVICE COMMIS-
 SION.
   7.  THE  OFFICE,  IN  CONSULTATION  WITH  THE DEPARTMENT OF HEALTH, IS
 AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS  NECESSARY  TO  CARRY
 OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.